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    • If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.
    • I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.   Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.   [ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]
    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
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Just Cash Flow PLC business bank personal guarantee Court Claim.


MOSS 41
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Yes I was going to do a certificate of cancellation so it doesn’t appear on our credit reports - but do I do it twice - one for each of us ? 
 

thw judgement was handed down for the 25k and 1600

int today but costs moved to another hearing 

 

so do I have 30

days for the above 

 

and the costs becomes its own ccj and o have 30

days from when that happens - as a separate amount ? 
 

can wait for costs hearing as don’t want to miss 30 days limit 

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If your joint defendants on the claim ...no you send only 1.

 

Your Notice of Judgment states when it must be paid by ...to avoid it being registered with the Trust/CRAs.

 

Costs are a separate matter and they will get a costs order...which you can pay by arrangement with the claimant...no set time.....no judgment.

We could do with some help from you.

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If you want advice on your Topic please PM me a link to your thread

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Ok-

Good  to know ,

I don’t have money for the costs 

so I could do a payment plan ,

but knowing them they will

go straight for bailiffs and refuse any payment plan - that’s what they have done all along 

 

just don’t want any registered CCjs 

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@MOSS 41 Hello, sorry to hijack but I can't comment on your locked thread about the Capital On Tap personal guarantee. My business is failing due to COVID and I was shocked to find I have a PG for Capital on Tap! Apparently it is just a tick box when signing up and like you, the documents are not signed but rather just say "Mr First Name Last Name" against the Signature section.

Are you still on the hook for this?

 

Are you able to take this conversation on the other tab or PM me? Thank You!

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much better to create your own topic by hitting create in the top red banner

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So got the official judgement 

sealed on 15th June ,

but refers to handed down 9th June 

 

doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?

 

also I’m hoping it’s the legal jargon - 

 

bur says each defendant is to pay 

£25,000

and interest £1644 

 

I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644 

 

rhey don’t actually order us to pay 54,000 for a 

25k claim ???!!

 

 

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Sat waiting for another costs hearing -

as other side wanted more time as didn’t have responses to all the missing disclosure 

pre action breaches 

refusal of ADR 

 

Still 

didnt submit anything in defence - just some photocopies of items already in the trial bundle - and a another cost schedule for a further  3.5k for doing so and attending this one hour hearing !!  
 

 

it’s ridiculous and insulting to the legal system what they seem to try and get awAy with and claim more 

 

 

I’m hoping judge starts seeing all through these ridiculous cost claims - and penalises them for all refusals and breaches 

 

14.4k initial cost 

3.5k cost for today 

 

one day hearing and 126 half a lever arch trial bundle - really think they can claim 18k 

 

it’s going to be more than the claim soon 

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  • 3 weeks later...

I have until

Tuesday to file an appellants notice 

 

it’s all ready In triplicate and one for respondent all done as per cpr 

grounds and skeleton 


 

is it worth it ?

grounds are judge was wrong to enforce as even in his decision he states it’s obviously not signed by us personally ? Therefore statute of frauds not satisfied 

 

that Guarantee has to be signed by party or be charged 

 

he said it was meant to be signed so that’s enough - which isn’t what the law says 

 

 

but part of me wants to walk away and end it all , but it’s so much money your get back on a decision that is plainly wrong in law 

 

I am happy to pay for permission to appeal

and then if they say no -

walk away 

 

 

what I want to know is , is ever appealing worth it 

Can the other side claim any costs from me if I just ask for permission and get denied 

 

all I can see is that costs are not normally awarded for written response from respondent 

as they are not required for any hearings or decision making 

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  • 1 month later...

so permission to appeal on papers was refused, 

but says can lodge an application for renewed oral hearing by 24th august

 

 

reason i want to is they missed my argument completely 

 

most importantly though 

he says statute of frauds ok as there was a seperate note or memorandum demonstrated 

 

but they did not make a claim on this other document !!!! not in particulars or anything- nor in the trail

 

(to note i put the other document in as evidence in appeal papers as a contrasting proof of what personal signature lines by the company look like-to demonstrate conclusively the loan agreement cannot be claimed to be signed personally)

 

the claim form (particulars) was specifically to claim a personal guarantee because  'loan agreement signed personally'   however it was not and judge agreed it was not but awarded them anyways against the statute !   

 

im so annoyed with the whole legal system now.

 

 

so i want an oral hearing- to say - they didnt make a claim on the other documents in the particulars or trial so its irrelevant as an additional note or memorandum for applying the statute we didn't have to answer that claim,

(the document was a loan offer contract which was a condition precedent to be signed be fore the loan agreement sent out for signature/condition subsequent - they made no claim upon this loan offer contract at all) 

 

also my husband was not sent this seperate loan offer nor signed one, only i did- so he definitely cannot held to it using that argument

 

is it worth continuing here - its so unjust and statute has not been applied 

 

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